Deposits & inspections
Illinois security deposit law, in plain English
Most renters never read this and most landlords count on that. It is short, and it decides who wins a deposit argument.
Under Illinois law (765 ILCS 710), a landlord with five or more units must send an itemized statement of damages within 30 days of you moving out. If they do not, they must return the full deposit within 45 days.
The 30-day rule
A landlord who wants to keep any part of your deposit for damage has to give you an itemized statement of that damage within 30 days of you vacating. The statement lists each item and the estimated or actual cost to repair or replace it, with paid receipts attached or to follow.
If they send estimates rather than receipts, the receipts have to follow within 30 days of that statement.
The part almost nobody knows: it only applies to five or more units
The Act applies to a lessor of residential real property containing five or more units. That threshold is the most misunderstood thing about Illinois deposit law.
It matters a great deal around here. Much of the Machesney Park, Roscoe and Rockton rental stock is duplexes, single-family houses and small conversions owned by individual landlords. If yours owns fewer than five units, the statutory 30-day clock does not apply to them, and your lease plus ordinary contract law governs instead.
That does not mean a small landlord can keep your deposit for no reason. It means your leverage comes from your lease and your evidence rather than from this statute.
What happens if they miss the deadline
If no statement and no receipts arrive as required, the landlord must return the deposit in full within 45 days of the date you vacated.
A landlord who refuses to supply the itemized statement, or supplies one in bad faith, and fails to return the deposit in time can be liable for twice the amount of the deposit plus court costs and reasonable attorney fees.
Cleaning is not damage
The Act concerns damage beyond normal wear and tear, and costs reasonable to restore the unit to the same condition.
This is why a documented professional clean is worth more than the clean itself. It turns a vague argument about whether the place was dirty into a dated invoice and a set of photographs.
General information for renters, not legal advice. Illinois references are to the Security Deposit Return Act (765 ILCS 710).
Related
- Normal wear and tear versus damageThe line between wear a landlord absorbs and damage they can charge for, with the items that actually come up on walk-throughs here.
- What to do when a deposit deduction is wrongA calm, documented sequence for challenging an unfair deduction in Illinois, and when small claims is worth the trouble.
- How to photograph a unit so the photos countA short method for move-out photos that hold up: what to shoot, in what order, and the mistake that makes photos useless.
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